UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7430 NATHANIEL ELLERBE, JR., Plaintiff - Appellant, versus ROBERT ANDERSON; CLARENCE HALL, Defendants - Appellees, and WILLIS GRIFFIN; ALVIA SUTTON, Defendants. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-94-19-5-BR) Submitted: March 21, 1996 Decided: April 4, 1996 Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Nathaniel Ellerbe, Jr., Appellant Pro Se. Sylvia Hargett Thibaut, Assistant Attorney General, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 PER CURIAM: Appellant appeals from the district court's order denying re- lief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed the record and the district court's opinion accepting the magistrate judge's recommendation and find no reversible error. Accordingly, we affirm the grant of summary judgment on qualified immunity grounds. Ellerbe v. Anderson, No. CA-94-19-5-BR (E.D.N.C. Aug. 23, 1995). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 3